SHENBAGAVALLI Vs. NAGOORAN

JUDGEMENT

(1.) The plaintiff is the appellant in this Second Appeal.

(2.) The case of the plaintiff is that the suit property originally belonged to one Annamalai, the father of the 1st defendant. The mother in law of the plaintiff filed a suit against Annamalai in O.S. No. 1226 of 1978 for recovery of money under a promissory note. The suit was decreed and the amount was not paid by the said Annamalai as per the decree. Hence, E.P. No. 219 of 1986 was filed for execution of the decree. The suit property was attached and it was sold in a public auction held on 15/12/1986 and it was purchased by the plaintiff. The judgment debtor moved an application to set aside the auction sale and it was also dismissed. Thereafter, sale confirmation certificate was issued in favour of the plaintiff. Thereafter, the plaintiff filed an application in E.A. No. 1818 of 1987 for delivery of possession and the Amin took possession of the property and delivery was effected on 5/11/1987. To substantiate all these proceedings, Exhibits A1 to A7 were marked.

(3.) The further case of the plaintiff is that the 1st defendant who is the son of Annamalai attempted to interfere with the possession and enjoyment of the property by taking advantage of the patta standing in the name of his father. The plaintiff therefore filed a suit seeking for the relief of declaration of title to the suit property and for permanent injunction restraining the 1st defendant from interfering with the possession and enjoyment of the suit property. The suit property is a vacant land measuring an extent of 1.21 cents.